Visa PolicyEntry PF-889728 · Page 33 · Stamped SEP 29, 2026
US Proposes 90-Day Filing Rule for Au Pair J-1 Extensions
The State Department proposes requiring au pair J-1 extension filings 90 days in advance, tighter termination rules and new SEVIS compliance duties. A 60-day comment period is open.
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Entry details
- Au pair extension requests would have to be filed at least 90 days before program expiry, up from as little as 30 days under the current au pair-specific process.
- 6-, 9- and 12-month extension options remain; sponsors must verify educational requirements and file through SEVIS.
- Public comments are open for 60 days after Federal Register publication; terminations allowed for unauthorized work, false information or visa revocation, with 10 days to challenge certain decisions.
The U.S. State Department has proposed new rules for the J-1 Exchange Visitor Program that would require au pair extension requests to be filed at least 90 days before a participant's program expires. The change would replace a separate au pair-specific process that currently allows requests as little as 30 days before the end of an initial stay.
The proposal, put forward by the Trump administration, would update decades-old regulations governing J-1 visa holders. Officials say the current rules date from a paper-based era before the creation of the Student and Exchange Visitor Information System (SEVIS). The State Department frames the revision as part of a broader effort to tighten oversight of temporary visa programs while streamlining outdated regulations, in line with the administration's deregulation and government-efficiency initiatives.
What changes for au pairs
Under the proposed regulation, the State Department would eliminate a standalone extension provision that applies only to au pairs and place them under the same extension framework used across the wider J-1 program. Sponsors seeking an extension beyond an au pair's initial year would have to submit requests through SEVIS and provide supporting documentation at least three months before the desired extension period begins.
The 6-, 9- and 12-month extension options would remain available, provided sponsors submit the required paperwork and verify that educational requirements have been completed.
Au pairs receive their status in the U.S. through the J-1 Exchange Visitor Program, which allows young people from abroad to live with American families while providing childcare and engaging in cultural exchange.
New compliance and termination rules
The proposal also expands the State Department's authority to terminate a participant's program in certain circumstances. Exchange visitors could face termination if they engage in unauthorized employment, provide false information during the application process, or have their visa revoked by the State Department or the Department of Homeland Security. Participants would receive written notice and an opportunity to challenge a proposed termination before a final decision, with 10 days to contest certain termination decisions.
The rule would introduce new definitions for "unauthorized employment" and "valid program status." It would also create a streamlined process for correcting administrative errors in SEVIS records: sponsors would generally have 30 days to fix record issues before needing to seek formal reinstatement from the State Department.
Officials said the updates are intended to strengthen "visitor welfare, program integrity, and national security."
Why it matters to host families
The changes arrive after a period of uncertainty for the au pair program under the second Trump administration. In 2025, the State Department temporarily paused some visa processing for J-1 exchange visitors while officials reviewed screening procedures. The move raised concerns among families relying on foreign au pairs for childcare and among exchange-program advocates, who warned that delays could disrupt travel plans and leave parents scrambling for alternatives.
According to figures previously cited by Exchange Visitor Program advocates, more than 21,000 au pairs participated in the U.S. program in 2023. Roughly 348,000 people entered the country that year through various J-1 categories.
Supporters argue the program provides a crucial childcare option for working families while promoting cultural exchange. Critics have called for stronger oversight and compliance measures within parts of the broader J-1 system.
What happens next
The State Department is accepting public comments on the proposal for 60 days following its publication in the Federal Register on Thursday, before deciding whether to finalize the rule.
If adopted, the changes would affect designated sponsor organizations that administer the au pair program, current participants seeking extensions, and host families planning a second year with an au pair. For families considering an extension, the biggest practical impact would be the new 90-day filing timeline, which would force decisions about extending an au pair's stay significantly earlier than under current rules.
The proposal has not yet taken effect. Readers should follow the Federal Register notice and State Department announcements for the official text of the rule and its status.
via newsweek.com (Original)
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